ofs asphalt that workersof remo after the raw sanitary district received reports of overflowing manholes. they discovered a large amount of construction debris like rubber and hard hats in the water which ended up causing an 842,000 gallon sewage spill. a south san francisco contractor was working on sewage line construction project for the district earlier this year. the district says it recovered about 110,000 gallons of the sewage. >> we cannot speculate as to the reason but from my experience there are only two alternatives that i can think of and my engineers can think of and one is severe negligence to a scale that i've never witnessed in my career. and the second is malicious intent. >> general manager brett richards said if it turns out to be malicious intent and he repeatedly said he's not sure that it is, then it could

mobilebly be considered at some level, as environmental terrorism. richard says he's contacted the fbi but isn't sure whether they'll get involved. the other spill that took place happened yesterday and it seems to have come from a pipe that failed. the district has working on replacing that pipe since the summer. they say that they don't have the final numbers yet from the spill yesterday but it's possible that the amount of sewage could add up to even more than the spill on friday. live in san rafael, tracy grant, bay area news. >> thank you. tonight, we've got names for those two young men shot and killed last night in the shooting spree that wounded four others. as for the shooters? south san francisco cops say they are still looking. 18-year-old omer cortez, a 19-year-old gone za less avallo were killed after 7:00 in south san francisco. investigators say that three

other men in a dark chevy opened fire and sped off. the neighbors set up candles and say the violence is not surprising, not there. >> it seems like you could just come off the freeway, come over here and shoot anybody you want. and just drive away and nothing happens. >> the other four victims shot were between the ages of 15 and 20. they were taken to san francisco general. one person is report to be in critical condition. it is a death tour. a federal judge will take a tour of san quentin's new death chamber to determine whether the state is continue with legal executions. the challenge to the lethal injection proceedings have put executions on hold for five years. death row inmates say the three-drug cocktail poses a risk of crew and inhumane execution. the state recently replaced the old gas chamber with a new one designed for lethal injection

and revised other parts of the ekts cougs procedure as well. no one was smiling at precious smile dental in san jose today, because a car came crashing into the office before 10:00 this morning. police say the 36-year-old driver heading down the road had some sort of medical emergency when he lost control of his car. the driver and a woman in the office were taken to the hospital with injuries. the building as you can see, suffered significant damage. it's now undergoing structural and electrical evaluation. time ticking away for last-minute shoppers looking for the perfect gift. if you're willing to deal with crowds, it appears there's deals to be found. here's the story from concord. >> reporter: it's a last minute rush to check off those shopping lists. we're seeing people here who have just start their shopping and others are picking up a few extra items to add to the stockings. any way you go about it

merchants are please the. they've seen an uptick and say they were to draw in customers with early sales and discounts that are still going on, 40, 50 or en70% off of items in some stores and it seems to be working. the national retail federation predicts holiday spending will reach $451.5 billion, up 3.3% over last year. it would be the biggest year-over-year increase since 2006. >> business is terrific. we couldn't be more delighted. >> the economy has shown no signs of stopping in this mall. it's always a factor. it's like a zoo here. >> it's hectic. i want out of here. >> today is not too bad. i think it will get crazier at the end of today and tomorrow, too. >> shoppers say they seem to be finding what they need and say there are a lot of good sales here. we found one young bhoon bought this foot massager for his sister for 25% off because it was the last one the store had. the floor model but he was

happy. he saved $125. and while it's hectic here the real chore is outside in finding a parking spot. some shoppers tell me it's taken them upwards of a half hour to find an opened spot. back to you. >> going to be worse tomorrow. thanks. wild california weather has taken a little bit of a break for now but the cleanup is under way, especially in southern california. unfortunately, it won't be a very long break. nbc bay area david is here with how the weather is ruining the holidays for a lot of people? >> it has. even though the rain stopped the danger in southern california is far from over and today, some people got a lock at the damage left behind. >> i didn't want to look inside. >> reporter: it's particularly heart-breaking for karen and her husband of highland, california. the mudslides that followed a week's worth of torrential rain have devastated their home and

their lives. >> my husband was unemployed for two years. he began working. i'm unemployeed. >> it looks like an entire hillside has ended up in their backyard burying the patio in about 12 feet of mud. >> over there is my kitchen window, what used to be my kitchen window. >> three to four feet covers their first floor. >> that's the fireplace there. you can see how high the mud is. >> the same story, house after house throughout much of southern california with those who avoided the destruction helping those who didn't. >> my house was saved so i feel sorry for others. i'd rather put my time and help these guy. >> reporter: stuck in the mud is an accurate way to describe it. rain that started a week ago has stopped but not before taking a toll after a woman drowned after her car was swept off the flooded road. the river is just now receding in littlefield, arizona, where aging waters earlier this week swept away six houses. the first one belonging to sharon and frank wendt.

>> it's like a roller coaster. sometimes you're sad and sometimes injure giddy because, what can you do? it's gone and there's no getting it back. >> back in california, evacuated residents returned to a cleanup expected to take weeks. >> and crews will have to work hard. more rain is forecasted for the los angeles area this weekend. i damian trujillo. look at this truck. flood waters all around around two women inside. the power lines made the situation more complicated because it prevented crews from getting in to get the women out by helicopter so they had to go into the water themselves and not get rushed away by the water. luckily they were able to save the women and the two women were unhurt. here, a gorgeous day for us in the bay area after some record-breaking rain. just in time for the hol did we

get a break and now more rain is headed our way. meteorologist nick is here with details. going to be okay christmas eve but christmas day, a lot of rain? >> that sums up the forecast. a nice breather today and temperature off o highs byf a couple degrees. some ofs us got up to 60 but not warm in the north bay valleys where the fog hung on until about 1:00 p.m. many some cases. you were mainly in the 40s to about 50 degrees. here's a look at the forecast for the overnight hours. temperatures won't be quite as chilly as you're heading out tomorrow morning. that's because we've got high clouds moving in and acting as a blanket. here's a look at your satellite picture and the radar, too. picking up a few returns in extremely northern parts of thes state. that just the high clouds moving in ahead of our next storm system which appears to be packing a punch. be back in a few minutes with all your forecast details. >> thank you very much, nick. we'll see you in a little bit. the man that jammed up traffic on the bay bridge by

calling in a bomb threat last month will have his day in court in february. craig value teen no is in a san francisco jail following the incident where he stopped his suv on the upper deck of the bridge and called a threat to a radio station. now he faces charges of making a false threat, brandishing a firearm and resisting police and a charge of endangering a child because he had his teenage daughter with him at the time. the new year will bring new fares to caltrans it turns out and it won't be cheap. starting january 1st, an extra 25 cents a zone to ride the train. a one-way ticket from san jose to san francisco will go from $7.75 to $8.50. caltrans will be eliminating two northbound and two southbound trains from the mid day schedule. those changes designed to close, of course, a budget gap, what else? now to new numbers on unemployment. the good news? financial indicators show the

economy is improving a bit. and businesses are laying off fewer workers and they are ordering more equipment. the bad news? businesses really aren't hiring enough people. the number of jobs being created still too small to lowere the 9.8% unemployment rate. first-time claims for unemployment benefits are down 3,000 to 420,000. the peak was march of 2009 when 651,000 people filed claims. experts say the economy does need to add thousands of jobs a week for the next six months to have any impact on the unemployment rate at all. still ahead at 5:00, turning the tables on placebos. why the fake pills might actually hold some real benefits. and why millions of taxpayers will have the refunds delayed next year. and toyota announcing a settlement connected to a crash that led to a recall. and we're going to take you to the north pole where bob

talks one-on-one with one of santa's elves. and enjoying sunshine around the "bay area today" but the question is -- how long is it going to last? clouds moving in. forecast coming up. t

done for the year. the house and senate adjourned for the year after what turned out to be one of the most productive sessions ever. nbc's kristen has more on what they did and what lies ahead in 2011. >> reporter: in hawaii this morning, president obama starting holiday r&r, after a year that brought him everything from -- >> a good shellacking.

>> reporter: to some win as the not so lame duck congress raced to finish its term. >> i think it's fair to say this is has been. most productive period we've had in years. >> landmark legislation to massive health care reform. tighter wall street regulations. and in the past two weeks, tax cuts, the nuclear arms treaty and the repeople of "dont ask, don't tell." but it was marked by some of the most bitter partisan battles in decades in growing discontent in the electorate. a gallup poll found 83% of americans disapprove of congress. so while the president took a victory lap before vacation, there is still a long race ahead when congress returns. >> i think gridlock is probably a pretty good prediction for what we're going to see with the new congress coming in. >> reporter: and with the new class, also come questions. how will republicans lead the house and will the tea party mix in? as 2011 brings changes,

challenges and a lot more to watch. nbc news, washington. >> and it may sound odd by 2011 also brings the start of the 2012 presidential race. republican candidates expected to actually start announcing their intentions to run in the new year. president obama meanwhile reversed a bush-era policy that aloud in wilderness areas but the move gives the bureau of land management to protect wild area this is means land can be protected without a congressional act. the fwush dasher are policy allowed oil and gas drilling on land under consideration for wilderness areas. the foreign automaker behind the pricey line of lexus vehicles paid a heavy price in a deadly 2009 crash. we're learning toyota agreed to paid $10 million to the family of a chp officer, mark sailor, his wife, daughter and brother-in-law. all four were killed when their

lexus loaner accelerated to speeds reaching more than 120 miles an hour before suddenly launching off an embankment on a san diego freeway. investigators say that an ill-fitted floor mat trapped the gas pedal. and gm is recalling almost 100,000 vehicles to fix two potentially dangerous problems too. one recall involves 2005 through 2007 cadillac cts sedans with a sensor problem that could affect the airbags. the other change is the 2011 cadillac escalade suv. the chevy avalanche crossover silverado, and gmc sierra 1500 pickups that have rear axle crosspin troubles. free repairs will be made at dealership so go check it out. one thing that likely won't be recalled this year, santa's sleigh. it always works well. bob was in the north pole where santa is getting ready to embark on that big journey. >> greetings from north poly,

alaska. behind me is santa's workshop where he and his elves are trying to get ready in time for their big flight on new year's eve. we tried to get santa to come out he's so busy and doesn't want to be disturbed and doesn't have the time but we got a helper. here's ask itles. let's go over the checklist. toys? >> check. >> seat cushion for the sleigh. >> check. >> maps to kids' houses. >> check. >> radar clearance from norad? >> we got it, dude, everything is under control. >> normally when someone gives me lip like that i confront them but by looks of it he's at least 3'2" and i don't want to end up in the hospital and i can't blame him for being slightously agitated because the conditions out here are brutal. less than four hours of sunlight here in north pole around this time of the year. and look at this.

negative 40 degrees! at least its not minus 41 because that's when it starts to get really cold. so there we are. >> counting down the hours and minutes to the sleigh landing on rooftops of families throughout the world, here in north pole, i'm bob ridell. >> bob needs to work with the elf a little bit more. smooth but a little rainy when santa gets here. >> i think so. santa will have a great window of opportunity because the next storm isn't until christmas y. santa can handle any condition. he's a rough-weather sailor. that santa claus. here's your temperatures around the bay area. off a degree or two for our highs for today. 57 in san jose. 54 in oakland. our north bay valleys around napa and novado and santa rosa and you were foggy.

temperatures on the cool side and low 50s for you. what's ahead? seeing high clouds moving in up about 15 to 18,000 feet. this is no big 1 deal. we have a big weather system off to the west and that will pack a punch for saturday but we've got times in between now and then. here's a look at the weather headlines for tonight. more cool temperatures. looking for increasing clouds, especially for the north bay tomorrow. temperatures are going to be cooling down this weekend as the storm system moves three and this one will pack a punch. i think we have a lot of wind involved. but the good news is this storm will move along quicker so while we're going to see heavy rain and probably thunder showers with strong gusty winds, the system will move out quickly and by sunday afternoon we're just about done with this one. so we'll recap into tomorrow, another nice day. mix of clouds and sun, mainly just high clouds after your early-morning fog here and there. temperatures as you step out will be mainly in the 30s to low

40s. on saturday, we're thinking about mid day, about noon, that's when things get started and strongest winds, once again, at the coast. gusting up to maybe 40 or 50 miles per hour so potentially damaging winds. computer models are in agreement. the system swings through first half of the weekend and by sunday, not completely dry. we'll see a return to a dryer pattern into early next week. so your forecasted low tonight mainly in the 40s and a few upper 30s and santa rosa and napa. patchy fog possible as you step out and if you're out finishing up your christmas shopping, i think you'll be in for nice weather tomorrow. low 60s in morgan hill and gilroy. 6 to in santa cruz. 61 in mountain view. cooler around the bay at 55 toward the ocean and pacific and 55 in alameda. san francisco, 55 with generally light winds. notice the clouds thickening late in the day and for santa

rosa, you might actually see a light shower, a sprinkle by late tomorrow night. the fun holds off until mid day on saturday when we're all gathered together nice and warm inside. hopefully you don't have to travel much on saturday because it's going to be wicked around here for a few hours. still ahead at 5:00, fair fallout to tell you about. what one website did today that has american airlines claiming discrimination. and here's one for you. can sugar make you feel better? i'm willing to find out. the surprising new study thatt industry a run for its money. we'll be back.

topping our health watch, a new harvard suggests that placebo's work even though when people know they're taking a placebo. that's basically a dummy pill that contains no active drug ingredients. some people feel better taking placebos if they think they are real. the harvard study finds the

placebo can work initially even if the person knows. participants were told they were taking placebos were twice as likely on a group on real medication to say their symptoms improved. why? we're not sure. harvard plans to do more research in this area. the new tax bill that president obama siends last week may delay your federal return. the irs is announcing that anyone that claims itemized deduction on their 2010 return must wait until mid february to file. that delay will give the government time to program its systems to accommodate tax breaks in that newly-signed bill. and american airlines hits more turbulence following a decision to pull its fares off the orbitz travel site. expedia is playing wingman by moving the harrell flight options out of their prime spot on the first page of results. the spokesperson for the online travel site says, quote, it cannot support efforts we believe are fundamentally bad for travelers. american remains at odds with

orbitz because the airline wants to cut out global distribution companies that provide the same flight information that it does. ng we'll be right back widay to rveryfoeaidolhat's becoming very rl eafosoplr eo pe.me e.

eight may have started off at a tv holiday festivis, the ultimate seinfeld holiday was introduced in 19 the 7 when george's father invented the holiday as a time to air grievances. since it's become an event in itself, this week on the activity spiked so apparently, at least a few people are celebrating festivus for the

rest of us. and tonight on incomes nightly news inside a classroom, controversial school where the kids are setting the rules. that's going to do it for us. i'll be back at k67 with more local news. see you then.